DUI with a CDL? Know Your Rights.
A DUI is never a good thing, but when you drive for a living, it can be even more catastrophic. The punishments for driving under the influence in a commercial vehicle are even more serious than those of a personal vehicle.
If you have been charged with a DUI and you hold a CDL, contact a Maryland DUI Lawyer as soon as possible to help protect your future from disaster.
What if this is Your First Offense?
The first time you are arrested for operating under the influence with a CDL, there are two processes that will begin: the criminal process and the administrative process. Both of these processes are deeply important, as either one can prove problematic for your commercial driver’s license.
For normal drivers, the legal BAC limit is .08. However, for commercial drivers, this limit is half of that at .04. It should also be noted you do not have to be in a commercial vehicle for DUI charges to impact your commercial driver’s license. Your personal vehicle and the actions you take while driving it, still affect your CDL.
If, during your arrest, you blew between a .08 and a .15 BAC, your license will be suspended for 45 days. This will apply to both your commercial and your normal driver’s license. If you blow higher than .15, the period of suspension will extend to 90 days. Unlike for a normal driver’s license, CDL suspensions cannot be modified to accommodate a work permit. The license is suspended. End of story.
In the event you refuse the chemical test at the time of your arrest, your CDL will be suspended for one year and your normal license will be suspended for 120 days.
Please note that all of this will take place without actually being convicted of a DUI. The criminal charges haven’t been processed yet. Even if you are able to win your case, if you do not address the administrative punishments of your DUI charges, you will still face major issues.
Employment for Commercial Drivers Following a DUI
Most commercial driving companies will not work with someone who has been convicted of a DUI or someone who has had their license suspended for drunk driving. Not only that, but a long period of suspension is a long period of time where you cannot drive a commercial vehicle, and therefore, cannot work.
Facing the loss of employment is one of the most serious repercussions for a DUI other than jail time, and it is unlikely you will be rehired by another company once the crime is on your record.
Calling on the help of a commercial license DUI Lawyer to help you navigate your case is essential for preserving your employment and avoiding disaster.
Albers & Associates Can Help You
Having a DUI or DWI conviction on your record will likely bar you from ever working as a commercial driver again. To ensure that your future is secured, call on the expertise of the attorneys at Albers & Associates.
Contact Albers & Associates today for a free consultation.
Will I Lose My License?
You might. Depending on the type of license you have and whether or not you are convicted, your license may be suspended or even revoked depending on the circumstances of your charges. However, even being charged with a DUI can result in the suspension of your license, which can affect your life substantially.
Will I Lose My Job?
It depends on your job. At the time of your arrest, the police officer will confiscate your license and provide you with a paper license that you can use until your MVA Hearing. However, for people who hold commercial driver’s licenses, also known as CDLs, this will not replace the license you need to do your job. So, until the charges are cleared, you will not be able to work. Getting on the phone with a lawyer as soon as humanly possible is essential for your continued employment.
Am I Going to Jail?
You might. If you are found guilty of a DUI, particularly if this is your second or third offense, you may face jail time. One possible outcome of DUI court proceedings, a Probation Before Judgment, can be sought. If you are able to secure a PBJ, you will be able to avoid going to jail.